Ügyvédi Díjak

Lawyers’ services are charged in accordance with the Tariff for lawyers' fees and cost compensation defined by Croatian Bar Assocation.

CROATIAN BAR ASSOCIATION

On the basis of Articles 18 and 19 of the Law on the Legal Profession (Official Gazette Nos 9/94, 37/05 and 59/07), in connection with Articles 3 and 4 of the Act Amending the Law on the Legal Profession (Official Gazette No. 117/08, the Management Board of the Croatian Bar Association, competent pursuant to Article 70, para. 1, point 2 of the Statute of the Croatian Bar Association, at its meeting of 12 November 2009, adopted the following

ATTORNEY FEE SCHEDULE AND COST COMPENSATION*

PART ONE

The fee schedule sets forth the method of evaluation, computation and the payment of services and expenses that the parties are obliged to pay to an attorney-at-law or a law firm for the actions and services rendered under a power of attorney or a decision of a competent body pursuant to the Law on the Legal Profession.

The costs of representation are the attorney’s services increased by value added tax and the expenses incurred while rendering these services. The client is obliged to pay the costs of representation.

Drafting submissions

TI 1

1.

Private actions and criminal reports, economic infraction and

offence reports 50 points

2.

Claims of aggrieved parties as plaintiffs seeking investigation or issuing

motions to conduct investigative actions, or issuing bills of indictment on

fact and points of law – the remuneration referred to in tariff item 7,

points 1 and 3.

Written legal advice or written legal opinions containing points of fact

and points of law in non-assessable legal matters – remuneration is

not less than 200 points

An attorney is entitled to remuneration for written legal advice and

opinions only if the client has asked for them.

If the client has requested a written piece of advice or opinion in

a foreign language, an attorney is entitled to additional remuneration

for the translation in accordance with the schedule of fees of permanent

court interpreters.

For legal instructions, opinions and counselling for the purpose of initiating

proceedings and in the course of the proceedings, an attorney is entitled to

additional remuneration pursuant to points 1 and 2 of this tariff item.

Participation at conferences

TI 31

For participation at conferences and meetings where points of fact and points

of law are discussed with the client, the adverse party and other participants

involved in the client’s legal matter, an attorney is entitled to additional

remuneration of 50 points

for every commenced hour.

Study of case files, ascertainment of finality and enforceability,

procurement of documents for the client

TI 32

For studying and reviewing case files in any proceedings, checking

the data contained in the land register, records and other public books,

for every commenced hour of work, an attorney is entitled to 25 points

For the ascertainment of finality and enforceability of judgements,

decisions or payment orders, an attorney is entitled to 25 points

For the procurement of land register certificates, company register or

other certificates of an organisation, or for the procurement of

other types of documents, an attorney is entitled to 25 points

Letters and reminders

TI 33

For a letter written to the client, to the attorney’s substitute, to the

adverse party or to other participants in the client’s case, such as:

1.

Notices or reminders containing points of fact or instructions,

an attorney is entitled to 25 points

per page.

2.

Standardised reminders to the adverse party to pay a specific amount

of money, or to fulfil a certain obligation or perform an act, an attorney

is entitled to 10 points

Hourly rate fee

TI 34

Unless otherwise determined in particular tariff items according to

which particular services are paid by the hour, remuneration per hour

amounts to 25 points

TI 35

For the time waiting for a hearing to begin, or for the court’s deliberation

period to finish, or for being absent from the law office while travelling

for the purpose of a client’s case or the like, an attorney is entitled to

remuneration of 25 points

for every commenced hour, but for not more than 7 hours per day.

Representing more clients

TI 36

1.

When an attorney defends or represents more clients in the same case,

he or she is entitled to a 10% increase of the fee for the second and

every additional client, but the increase may not exceed a maximum

of 50%. The amount of increased remuneration is divided equally

according to the number of defendants or represented clients.

2.

If there is an obvious disproportion in the defence or representation tasks

performed for a particular client in relation to other clients defended or

represented by the same attorney, he or she may agree with the clients on a

different method of computing the fee.

Increase or decrease of tariff items

TI 37

1.

For special professional and expert knowledge needed for the preparation of

a case, for a particularly difficult case, or a case involving special

responsibility, tariff items may be increased by 100%.

Special professional and expert knowledge is particularly acknowledged in

complex cases or proceedings, and in the case of special types of contracts

where special knowledge, or the need to study foreign law or legal literature

is required, or where it is necessary to study and analyse professional issues

in the field of technology, chemistry, natural or physical sciences, medicine,

social sciences, the use of a foreign language, or similar tasks.

2.

Taking into consideration all the circumstances of the performed tasks and

benefits on behalf of the client, an attorney may reduce individual tariff

items by 50%.

Special arrangements regarding remuneration

TI 38

An attorney may make special arrangements for the provision of legal

services with a legal person or a self-employed person to be paid in a

lump sum, except for the tasks of representation before courts and

state bodies.

A contract on legal services paid in the form of a lump sum must be made

in writing and it must contain a description of the work and activities

an attorney is going to perform for the client.

An attorney must register such a contract with the Croatian Bar Association.

TI 39

An attorney and a client may agree on the amount of remuneration for

legal services. Such an agreement must be made in writing.

It is not binding on the court when awarding costs to the

successful party.

1.

In criminal cases, attorneys may agree with their clients in writing on

remuneration based on an hourly rate which may be higher but not lower

than the remuneration referred to in tariff item 34.

2.

In property law cases, attorneys may agree with their clients in writing on

remuneration based on an hourly rate which may be higher but not lower

than the remuneration referred to in tariff item 34.

3.

In property law cases, attorneys may agree with their clients in writing

on remuneration in the form of a contingency fee (on the basis of

their success in the case, or in the legal actions undertaken on behalf of

the client). The upper limit of the agreed percentage must not exceed

30% of the total recovery.

TI 40

For rendering legal services to a Croatian citizen or a Croatian legal person

abroad, an attorney is entitled to seek the compensation of costs and

remuneration according to the schedule of fees valid in the country where

the client is represented, even if the representation is conducted in

written form.

TI 41

In non-assessable legal matters not provided for in the tariff items

of this fee schedule (e.g. declaratory judgements), or where the value

in dispute cannot be determined in any other way, for every legal action

undertaken for the client, an attorney is entitled to the following remuneration:

1.

In proceedings before municipal courts and state bodies of the

same level 50 points

2.

In proceedings before county and commercial courts and state bodies

of the same level

100 points

3.

In proceedings before the Supreme Court of the Republic of Croatia

and state bodies of the same level

500 points

TI 42

An attorney is entitled to charge value added tax for all the services

rendered to the client.

TI 43

The determination of expenses to be recovered from the adverse party

does not affect the computation of expenses between an attorney and his

or her client for the work performed and the expenses incurred in

connection with the services.

At the request of the client, an attorney is obliged to make a written

specification of remuneration for his or her work, and for the incurred

expenses, and he or she must present the fee schedule to the client.

An attorney, appointed by the Croatian Bar Association to represent or to

defend an indigent person, is not entitled to seek any remuneration from

him or her.

PART TWO

TI 44

An attorney is entitled to reimbursement for the expenses necessary to

perform the tasks entrusted to him or her.

Pursuant to the provisions of the fee schedule, the expenses to be

reimbursed include the costs of postal, telephone and banking services,

as well as other costs incurred.

TI 45

For the performance of activities outside the seat of his or her law office,

an attorney is entitled to compensation of travelling expenses and all

other expenses incurred during his or her absence from the law office.

TI 46

An attorney is entitled to compensation of travelling expenses amounting to

the fare of a first-class express train or the cost of travel by ship, a business class plane ticket or a sleeping car train ticket, or a cabin-aboard-a-ship ticket if it is a night trip.

An attorney is entitled to the compensation referred to in the previous paragraph

in an amount for the travelling expenses for the shortest possible route.

For the use of his or her private car, an attorney is entitled to compensation

amounting to 30% of the price per litre of lead-free 98 octane petrol for every covered

kilometre.

TI 47

An attorney is entitled to charge a daily allowance (per diem) equal to that of a

county court judge in the area where his or her law office is located.

If an attorney needs to travel outside the seat of his or her law office for more than

a day, or needs to stay in a hotel, he or she is entitled to a daily allowance and

hotel accommodation apart from that of five-star hotels.

PART THREE

TI 48

All services performed prior to the entry into force of this fee schedule are subject

to the tariff schedule published in the Official Gazette No. 69/93 with amendments published in the Official Gazette Nos 87/93, 16/94 and 11/96 and the tariff schedule published in the Official Gazette 91/2004, with amendments published in the Official Gazette Nos 37/05 and 59/07.

TI 49

The attorney fee schedule shall be adopted by the Management Board of the

Croatian Bar Association.

The value of a single point shall be established by the Executive Board of the Croatian Bar Association.

The newly established value of a point shall become effective on the day of its

publication in the Official Gazette.

TI 50

The value of a point is HRK 10.00.

XVIII.Explanation of the application of the fee schedule

The Management Board of the Croatian Bar Association or a body designated by the Management Board shall provide the necessary explanation and interpretation of the

fee schedule.

The explanation and opinion regarding the application of the fee schedule shall

be given at the request of a client, an attorney, a court or any other authorised body in the country or abroad.

The fee schedule shall enter into force on the day of its publication in the Official Gazette.